A. 
Request For Access Form And Procedure. All requests for access to public records must be made in writing and addressed to the Custodian of Records, preferably using the Request for Access to Public Records form similar to the form of Attachment A, attached to and incorporated in this Chapter by reference (the "Request Form").[1] The Request Form shall be made available from the Custodian of Records upon request. To maintain the integrity of official records and compliance with the Sunshine Law, only the Custodian of Records or his/her designee is authorized to receive and respond to requests for inspection and copying of public records subject to Sunshine Law.
B. 
Response Procedure. Each request for access to a record shall be acted upon as soon as possible, but in no event later than the end of the third business day after the date the request is received by the Custodian of Records. If there is reasonable cause that access to the requested public record(s) cannot be provided within such time, the Custodian of Records shall give a detailed explanation of the cause for further delay and the place and estimated earliest time and date that the record will be available for inspection or pickup, if copying was requested. If records are requested in a certain format, the City shall provide the records in the requested format, if such format is available.
C. 
Exempt Material Procedure. If a public record contains both material which is exempt from disclosure as well as material which is not exempt from disclosure, the Custodian of Records shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying. The Custodian of Records may seek guidance from the City's attorneys when separating such material. If the separation is readily apparent to a person requesting to inspect or receive copies of the public record, the City shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.
D. 
Access Denied Procedure. If a request for access is denied, the Custodian of Records shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.
E. 
Original Records. Removal of original records from the City offices or other office of the Custodian of Records without written permission of the Custodian of Records is prohibited.
F. 
No Exclusive Access. The City shall not grant to any person or entity, whether by contract, license, or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.
A. 
Applicable Fees. To the fullest extent permitted by law, the Custodian of Records is authorized to impose fees for the City's cost of document search, research, and copying in complying with records requests for inspection and copying of records. The maximum fees to be imposed by the Custodian of Records shall be the maximum amount permitted by the Sunshine Law, including specifically Section 610.026, RSMo. not to exceed the City's actual cost.
B. 
Prepayment. The Custodian of Records may require a deposit payment prior to copying and/or searching for responsive records. If actual costs are less than the estimate provided and received by the Custodian of Records, such amount shall be reimbursed to the requester.
C. 
Custodian May Waive Fees; When. Upon written request, records may be furnished without charge or at a reduced charge when the Board determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the City and is not primarily in the commercial interest of the requester. Notwithstanding the above, the Custodian of Records shall copy up to ten (10) pages of records not larger than eight and one-half (8 1/2) by eleven (11) inches in size, which are responsive to a request for access to public records from a Fenton resident without charging for such copying costs. [Note: This waiver does not include costs for any record search or research time that may be required to fulfill a request for access and any copying required beyond ten (10) pages to fully respond to the request shall be charged as provided for herein.]
A. 
City Inspection Of Closed Records Procedures. No person shall be entitled to access any closed record except as permitted by this Chapter or as may be required by order of a court of competent jurisdiction. All closed records shall be subject to inspection and access by the Board, the Mayor, the City Administrator, the City's attorneys, and the Custodian of Records subject to the following qualifications:
1. 
Lawfully closed records pertaining to the job performance or conduct of any of the above-listed individuals shall be further closed to such individuals if the record identifies the individual and the statutory basis for closure;
2. 
Medical records may be disclosed only as provided in accordance with Section 101.060; and
3. 
No person who has declared a conflict of interest preventing that person from acting on a matter shall be entitled to access the closed record if the closed record contains the information that created such a conflict of interest.
B. 
Employee's Personnel File Procedure. Except as provided above, the Custodian of Records may provide, ion consultation with the City Attorney, a current or former employee of the City access to closed personnel records specifically relating to such current or former employee upon a written request by or authorization from such employee; provided that the Custodian of Records may deny such request when the record is also properly closed for purposes other than protection of employee information pursuant to Section 610.012(3) or (13) of the Sunshine Law, or the request relates to a pending investigation or dispute or other lawful reason.
C. 
Board Procedure. Access to a specific record may be established other than as provided in this Chapter by a vote supported by an affirmative vote of two thirds (2/3) of the Board.
D. 
Other Records. Records otherwise specifically prohibited from disclosure by law shall be disclosed only as permitted by such law.
Every member of the City Governmental Body who attends a closed meeting of the City Governmental Body, or who has been supplied with closed record(s), shall have a duty to preserve the confidentiality of any and all information discussed or disclosed in that closed meeting and/or record. Any member found to have breached this duty may be excluded from attending subsequent closed meetings or may be denied access to closed records. A repeated violation of this duty shall be considered cause for removal from the City Governmental Body. Nothing within this Section shall limit the City's right to pursue disciplinary or other action pursuant to City ethical requirements or as otherwise provided by law.
A. 
General Procedures. A City Governmental Body or Custodian of Records in doubt about the legality of closing a particular meeting, record, or vote, may, subject to approval by the Board, bring suit in the Circuit Court for the County of St. Louis to ascertain the propriety of such action or seek a formal opinion of the Attorney General or an opinion from an attorney for the City Governmental Body regarding the propriety of such action. In the event of any such action taken, any proposed closed meeting or public access to the record or vote shall be deferred for a reasonable time pending the outcome of the actions so taken.
B. 
Additional Procedures. In addition to any other remedies available to the City provided by law, the Custodian of Records may afford all interested parties a reasonable opportunity to seek judicial review of or relief from a proposed disclosure. The Custodian of Records, with the approval of the Board, may also utilize the procedures for judicial determination and/or opinion solicitation provided by law.
A. 
Legal Defense. The Board may, upon affirmative vote of a majority of its members, provide for the legal defense of any member of a City Governmental Body or any employee of the City charged with a violation of the Sunshine Law.
B. 
Policy Compliance; Exempt From Civil Liability. Pursuant to Section 610.028, RSMo. of the Sunshine Law, any employee, officer, or member of any City Governmental Body who complies with this Chapter is not be guilty of any violation of the provisions of the Sunshine Law or subject to civil liability for any act arising out of adherence to this written policy of the City.
C. 
Reporting Violation; Exempt From Civil Liability. To the fullest extent permitted by law, any member of the City Governmental Body or any employee of the City who in good faith reports a violation of this Chapter or the Sunshine Law shall not be deemed guilty of a violation of the provisions of the Sunshine Law nor be subject to civil liability nor shall such person be demoted, fired, suspended, or otherwise disciplined for making such report.